Every year, thousands of Dallas workers are injured on the job. Workplace accidents can have severe and extensive consequences for the injured worker and his or her entire family. Injured workers can incur expensive medical bills, loss of income, disability, and pain and suffering. You may be entitled to compensation if you or your loved one have been injured in a workplace accident.
If you have experienced a work-related injury in Dallas, the skilled attorneys at Rochelle McCullough can help you pursue the compensation you need and deserve. Discussing your case with an attorney is essential because you only have a limited time to file a compensation claim. Contact Rochelle McCullough today to schedule a free case evaluation and learn more about how our Dallas attorneys can help you pursue the justice you deserve.
Workplace Accidents Can Happen Anywhere
Workplace accidents can occur in nearly any workplace, from an office complex to a warehouse. Unfortunately, most workplace accidents are caused by one or more parties’ negligence or recklessness. Workers in the construction industry are more likely to become injured, in part because of the use of heavy machinery. Nonetheless, workers can still be injured while working in relatively safe conditions. For example, dangerous wires protruding from the floor could cause an office worker to trip and fall.
Common Workplace Accidents
Accidents can occur when business owners, managers, and product manufacturers fail to use reasonable care. Many unsafe conditions can result in accidents, and some of the most common types of workplace accidents include the following:
- Lack of proper safety gear
- Lack of proper safety training
- Locked or blocked exits
- Trip and fall accidents
- Crushing accidents involving heavy machinery
- Falling from great heights
- Accidents involving cars, trucks, and other motor vehicles
- Accidents caused by workplace safety violations
- Exposure to toxic substances and environmental hazards
Workers’ Compensation Benefits in Texas
Employers in Texas are not required to carry workers’ compensation insurance, but many of them choose to do so to avoid civil liability from personal injury claims. Regardless of whether your employer has workers’ compensation insurance, you should report your workplace injury immediately. If your employer does carry workers’ compensation benefits, you can apply for those benefits, which cover your medical expenses and a portion of your lost income.
When receiving workers’ compensation benefits, you must see a doctor on all insurance carriers’ approved lists. The doctor will examine your injuries and assign a disability rating to your case. The Workers’ Compensation Board will investigate your claim. If they approve your claim, you can obtain benefits. If you are seriously injured and require emergency medical treatment, you can see any available doctor until the emergency stabilizes.
Pursuing a Personal Injury Lawsuit
Discussing your case with an attorney is important, especially if you’re considering filing a claim for worker’s compensation benefits. When you accept workers’ compensation benefits, you must agree to release your employer from any potential liability. If your employer’s negligence caused the accident that resulted in your injury, pursuing a personal injury lawsuit could be a better option for you.
Workers’ compensation benefits are limited and won’t include compensation for your pain, suffering, or other types of damages. Taking legal action by filing a personal injury lawsuit may be the best way to recoup all of the losses you’ve suffered due to your injuries. An attorney can help you evaluate whether pursuing workers’ compensation benefits or a personal injury lawsuit is more advantageous.
Establishing an Employer’s Liability for Your Workplace Injuries
When pursuing a personal injury lawsuit, victims must prove that the defendant’s negligence caused the workplace accident that resulted in their injuries. In other words, the plaintiff must prove that the employer is liable or at fault for his or her injuries. Many workplace accident lawsuits involve an employer’s failure to provide a safe working environment or proper safety equipment.
Your employer may try to claim that you were at fault for the injury to avoid paying you compensation. Texas is a modified comparative negligence state. You will only be able to recover compensation if you prove that you were less than 50% at fault for the accident. If you are awarded damages, your damages will be reduced by your percentage of liability. Working with a skilled attorney can help you gather evidence to hold your employer liable.
Proving Liability When a Third Party Was At Fault
Another third party could be liable for the accident that caused your injuries. You may be able to receive worker’s compensation benefits from your employer while pursuing a lawsuit against the third party whose negligence caused her injuries. For example, suppose you were injured on a construction site by an intoxicated employee of a sub-contractor that isn’t your employer. In that case, you may be able to hold the subcontractor liable. When you work with Rochelle McCullough, our legal team will use our resources and experience to thoroughly investigate your case and identify all parties who may be liable for your injury so we can develop an effective strategy.
Damages Available Through a Personal Injury Lawsuit
The types of compensation available depend on whether you pursue a worker’s compensation claim or a personal injury lawsuit. Workers’ compensation benefits provide workers with the percentage of the wages they lost while unable to work. They also provide medical benefits. Death and burial benefits are available if the worker suffers a fatal injury.
Personal injury plaintiffs can pursue damages for current and future medical expenses, property damage, lost income, loss of future earning capacity, disability, disfigurement, and pain and suffering. Additional punitive damages may be available when the defendant’s intentional or reckless behavior caused the workplace accident.
Schedule a Free Case Evaluation with a Dallas Work Injury Attorney
At Rochelle McCullough, we aim to protect Dallas workers injured in workplace accidents. We can pursue compensation if you have been injured in a workplace accident that wasn’t your fault. We offer potential clients a free, no-obligation consultation, and our clients don’t pay any legal fees and costs. Contact Rochelle McCullough to learn more about your legal rights.